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Planned Parenthood offers new buffer zone

April Burbank, Free Press Staff Writer 1:01 p.m. EDT August 28, 2014

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Anti-abortion demonstrators (from left) Amy Cochran of Montgomery Center, Sharon Winzler of South Burlington, Rita Mantone of Underhill and Sharon Iszak of Fairfax gather outside Planned Parenthood in Burlington on Wednesday, August 6, 2014. The protestors are closer to the clinic's entrance now that a buffer zone similar to the one the city of Burlington had established has been declared unconstitutional.(Photo: GLENN RUSSELL/FREE PRESS)Buy Photo

Planned Parenthood of Northern New England has drafted an update to the defunct Burlington buffer zone ordinance intended to keep anti-abortion protesters at bay.

The City Council Ordinance Committee took a look at the organization's proposal Tuesday night, and the city attorney is weighing the legal ramifications.

The old Burlington buffer zone prohibited anyone from gathering or demonstrating within 35 feet of a reproductive health care facility. The City Council struck that provision from the books after the U.S. Supreme Court unanimously ruled in June that a similar law in Massachusetts was unconstitutional.

City councilors committed to "urgently investigating and supporting legally defensible alternatives that ensure women's safety and access to healthcare services," and the measure went back to the Ordinance Committee.

The "legally defensible" aspect became the primary focus of a committee meeting Tuesday as the panel tried to avoid another ordinance that could eventually be deemed unconstitutional.

"The ground is shifting in this area," said City Attorney Eileen Blackwood as she discussed the legal issues with Planned Parenthood's proposal.

Planned Parenthood would prohibit anyone near a clinic from approaching or harassing another person, displaying a sign to another person or "engaging in oral protest, education, or counseling" without that person's consent. The draft would prohibit those actions within an eight-foot personal bubble.

If approved as drafted, police could order anyone who violates the measure to stay 35 feet away from the building.

Harassment, according to Planned Parenthood's definition, includes "following a person after the person has communicated or made it known that they do not desire further communication."

Planned Parenthood says patients have complained of being followed in recent months and that their proposal would offer more protection.

Blackwood looked at the proposal and said she had some legal questions about the constitutionality of the eight-foot personal zone as well as practical questions about enforcement.

"As long as they're not approaching someone, then they don't violate this," Blackwood said of protesters. "So it leaves a lot for enforcement, an enforcement person like a police officer, to determine who approached who, and whether or not there was consent."

Blackwood also said that Planned Parenthood's proposed penalties for violations following the first offense — criminal fines between $2,000 and $10,000, or jail time — were too high because of state limits.

Several women who oppose abortion spoke against the proposal along with attorney Barry Kade. Kade previously represented one of the women against a city buffer zone violation.

Kade told the committee that he supports abortion rights but that he believed Planned Parenthood's proposal criminalized free speech. "When it's a matter of bad manners, I think it's excessive to criminalize it," he said.

The Ordinance Committee will continue to weigh its options before sending a revision to the full City Council.

Counter-protests

In recent weeks, some people who support Planned Parenthood have taken to counter-protesting with their own messages — though Planned Parenthood discourages counter-protesting.

On the morning of Aug. 20, Dave Harris of Burlington stood outside the clinic with his dachshund, Sam, holding a sign with the word "demilitarize" and a photo of the band The Police.

He said he stood next to the anti-abortion protesters trying to "take the wind out of their sails" in addition to protesting his own cause, police militarization.

"If I can distract someone from what's going on around them and the judgment that's being thrown at them, that's great," Harris said.

Agnes Clift, who opposes abortion and fought the city buffer zone restriction, said she and others have typically ignored counter-protesters through the years.

"We're not here to fight with counter-protesters," Clift said. "We're here to pray for an end to abortion."

Krowinski, the Planned Parenthood spokeswoman, said she has encouraged counter-protesters to volunteer, donate or speak in public on behalf of the organization instead.

"We don't want any activity in front of our health center," Krowinski said. "The more people that are there, the more challenging it is for our patients."

Planned Parenthood has been gathering patients' stories about "harassment or intimidation from protesters" through an online survey.

Contact April Burbank at 660-1863 or aburbank@freepressmedia.com. Follow her on Twitter at www.twitter.com/AprilBurbank